Employee vs. Employer Contributions
401(k) plans usually involve employee contributions (which are always 100% vested) and employer matching contributions (which may be subject to a vesting schedule). For the Onix Networking 401(k) Plan, it’s essential to confirm whether your division should include just the vested balance or both vested and unvested amounts.
In some divorces, the parties agree to divide only the portion that is currently vested. However, if the alternate payee is expected to receive future vesting credits, especially close to a full vesting mark, it can get complicated. A good QDRO attorney will address whether a post-divorce increase due to vesting is included.

